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Chintapalli V N Ch M V Prasad (Proprietor)     23 April 2015

Sale of property from 2 to 3 person

Sir

1. The 1st person is immovable property owner. He sold this property to 2nd person. Does the 2nd person sell this property to 3rd person. What are the risks in this dealings.

2. The father has acquired a immovable property with his own earnings without any ancestral nucleus. He died intestate. The two sons of that person made partition of that property and the partition was registered. My question is what is the status of the property of the sons. Whether the property is ancestral or self acquired property to the sons.

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 4 Replies

bsrao   24 April 2015

Your questions are not in detail and the answers herein are based on your inputs.

1. If there are no other issues, any person who acquires an immovable property by purchasing the same from rightful owner derives all the rights. The 2nd persons can sell the same to any 3rd party.

2. It cannot be ancestral property. Once the partition deed is registered, it is tantamount to self acquired during the life of father and it can be bequeathed by him in the same manner as self acquired. 

Hope this helps.

B S Rao

Chintapalli V N Ch M V Prasad (Proprietor)     24 April 2015

Thank you B S Rao Sir.

It was my first post in the forum and having communication problem in English. I will try to explain it clearly.

1) The first person who is the property owner sold this property to 2nd person and wrote an agreement in favor the 2nd person after receiving some amount of advance and setting time limit to pay the balance amount. Within the agreement period the 2nd person sold this agreement property to some other 3rd person. My doubt is: What are the rights of 2nd person to sell the property to 3rd person? He will not attain any right over the agreement property until the balance of amount to be paid to the 1st person and until the 1st person registered the agreement property in favor of the 2nd person. Is it legal. Is there any risk to the 1st person in this dealing.

2) The father (A) has acquired a immovable property with his own earnings without any ancestral nucleus. He died intestate. The two sons (B & C) of that person made partition of that property and the partition was registered. My question is that the partitioned property of B & C is self acquired property to B & C or it is treated as ancestral property. Can 'B' write a will in favor of one of his sons (D) or daughter (E). 'F' being the other son of 'B' can claim a share over the above said property of 'B'. And Is it related to succession Act?

Thanking you, Sir.

bsrao   24 April 2015

1). Depends on what the agreement says for (2). He can give what he has!

2). After partition, it is treated as self acquired.

I am sure this answers.

Thanks 

B S Rao

T. Kalaiselvan, Advocate (Advocate)     02 May 2015

@Querist :  It appears you have osted tow queries of different nature seeking opinions on bith but in the melee you have confused the member about the reply tobe given, now over to your questions:

1) The first person who is the property owner sold this property to 2nd person and wrote an agreement in favor the 2nd person after receiving some amount of advance and setting time limit to pay the balance amount. Within the agreement period the 2nd person sold this agreement property to some other 3rd person. My doubt is: What are the rights of 2nd person to sell the property to 3rd person? He will not attain any right over the agreement property until the balance of amount to be paid to the 1st person and until the 1st person registered the agreement property in favor of the 2nd person. Is it legal. Is there any risk to the 1st person in this dealing.

 

 

From the above queyrit  is clear that ther was no sale transaction that took place between the vendor the proposed purchaser, a simple agreement was made, but the B has illegally sold the property to a third person which is invalid and not binding on the original vendor A.    The first  person  can very well refuse to execute the sale deed in favor of thenew buyer based on the illegal transaction that took place in beween 2nd and 3rd person.

 

2) The father (A) has acquired a immovable property with his own earnings without any ancestral nucleus. He died intestate. The two sons (B & C) of that person made partition of that property and the partition was registered. My question is that the partitioned property of B & C is self acquired property to B & C or it is treated as ancestral property. Can 'B' write a will in favor of one of his sons (D) or daughter (E). 'F' being the other son of 'B' can claim a share over the above said property of 'B'. And Is it related to succession Act?

 

In the above, the father purchsed tthe property and subsequntly his sons have partitioned the property among themselves, it is legal and absolutely their own property.  It ihas got no ancestral binding hence the  heirs of B and  have no rights in the property until the B and C make some arrangement in their favor or die intestate upon whih the legal heirs will succeed the properties equally.

 

 

 

 

 

 

 


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